|
|
| |
| |
|
| | (b) | the new scheme gives P (or a person acting on P’s behalf) the |
|
| | opportunity to opt for the accrued right to remain unaffected by the |
|
| | |
285 | | (4) | If P has died, the references in sub-paragraph (3)(b) to P are to be read as |
|
| | references to the persons who because of the accrued right are entitled, or may |
|
| | become entitled, to a pension or to the benefit of any pension. |
|
| | (5) | In sub-paragraph (3)(a) “service” means— |
|
| | (a) | where the new scheme is a scheme under paragraph 7, service as a |
|
290 | | member of the House of Commons, and |
|
| | (b) | where the new scheme is a scheme under paragraph 11, service to |
|
| | which that paragraph applies. |
|
| | Meaning of “accrued right” |
|
| | 15 (1) | This paragraph applies for the interpretation of paragraph 14. |
|
295 | | (2) | “Accrued right”, in relation to the new scheme, means so much of any right or |
|
| | entitlement to or in respect of a pension payable out of the Fund as— |
|
| | (a) | has accrued under the existing scheme in respect of service which was |
|
| | before the making of the new scheme, or |
|
| | (b) | by the time the new scheme comes into force, will have accrued under |
|
300 | | the existing scheme in respect of service of a person within sub- |
|
| | |
| | (3) | A person is within this sub-paragraph if the person’s service includes a period |
|
| | of service before the making of the new scheme. |
|
| | (4) | Where the new scheme is a scheme under paragraph 7, in this paragraph— |
|
305 | | (a) | “existing scheme” means the schemes under paragraph 7 in force, or |
|
| | made but not yet in force, when the new scheme is made, and |
|
| | (b) | “service” means service as a member of the House of Commons. |
|
| | (5) | Where the new scheme is a scheme under paragraph 11, in this paragraph— |
|
| | (a) | the “existing scheme” means the schemes under paragraph 11 in force, |
|
310 | | or made but not yet in force, when the new scheme is made, and |
|
| | (b) | “service” means service to which that paragraph applies. |
|
| | (6) | In this paragraph references to a right or entitlement include a future or |
|
| | contingent right or entitlement. |
|
| | Power to make consequential amendments |
|
315 | | 16 (1) | The Minister for the Civil Service may by order make such modifications of |
|
| | any enactment or subordinate legislation (whenever passed or made) as the |
|
| | Minister considers appropriate in consequence of any provision of a scheme |
|
| | made by the IPSA or the Minister for the Civil Service under this Part of this |
|
| | |
320 | | (2) | In sub-paragraph (1) the reference to subordinate legislation does not include |
|
| | a scheme made by the IPSA or the Minister for the Civil Service under this Part |
|
| | |
| | (3) | An order under this paragraph is to be made by statutory instrument. |
|
| | (4) | A statutory instrument containing an order under this paragraph is subject to |
|
325 | | annulment in pursuance of a resolution of either House of Parliament. |
|
| | |
| | 17 (1) | A scheme made by the IPSA under paragraph 3 or 7 may amend or revoke any |
|
| | previous scheme made by the IPSA under that paragraph. |
|
|
|
| |
| |
|
| | (2) | A scheme made by the Minister for the Civil Service under paragraph 11 may |
|
330 | | amend or revoke any previous scheme made by the Minister under that |
|
| | |
| | (3) | In this Part of this Schedule— |
|
| | “the Fund” means the Parliamentary Contributory Pension Fund; |
|
| | “the IPSA” means the Independent Parliamentary Standards Authority; |
|
335 | | “modifications” includes additions, alterations and omissions (and related |
|
| | expressions are to be read accordingly); |
|
| | “pension” includes gratuity; |
|
| | “subordinate legislation” has the same meaning as in the Interpretation Act |
|
| | |
340 | | |
| | Provision which may be included in schemes |
|
| | |
| | 18 (1) | In this Part of this Schedule “relevant service”— |
|
| | (a) | for the purposes of paragraph 9(1)(a), means service as a member of |
|
345 | | the House of Commons, and |
|
| | (b) | for the purposes of paragraph 12(1)(a), means service to which |
|
| | |
| | (2) | Expressions defined in relation to Part 1 of this Schedule have the same |
|
| | meaning in this Part of this Schedule as in that Part. |
|
350 | | |
| | 19 | Provision authorising or requiring contributions and other sums to be paid into |
|
| | the Fund by or on behalf of persons in relevant service, including provision for |
|
| | those contributions and sums to be paid— |
|
| | (a) | by deductions from salary; |
|
355 | | (b) | in the case of a person who does not draw a salary, out of money |
|
| | |
| | |
| | |
| | (a) | the circumstances in which there is to be entitlement to a pension |
|
360 | | |
| | (b) | the conditions of any such entitlement; |
|
| | (c) | the persons to or for the benefit of whom such a pension is payable; |
|
| | (d) | the calculation of the amount of any such pension; |
|
| | (e) | the payment or commutation of any such pension. |
|
365 | | Pensions not paid out of Fund |
|
| | 21 (1) | Provision for the application of assets of the Fund in or towards the provision |
|
| | of pensions to be paid otherwise than out of the Fund. |
|
| | (2) | In connection with such provision, provision for the payment into the Fund out |
|
| | of money provided by Parliament of sums in addition to those paid into the |
|
370 | | |
|
|
| |
| |
|
| | |
| | 22 (1) | Provision for the payment and receipt of transfer values by the trustees of the |
|
| | Fund (including provision for the payment of such values into the |
|
| | |
375 | | (2) | Provision for the transfer and receipt by the trustees of the Fund of funds or |
|
| | policies of insurance in lieu of transfer values. |
|
| | |
| | 23 | Provision authorising service other than relevant service to be taken into |
|
| | account, in addition to relevant service, for the purposes of any provision of the |
|
380 | | |
| | |
| | 24 (1) | Provision as to the circumstances and manner in which amounts equal to some |
|
| | or all of the contributions and other sums paid by or on behalf of a person into |
|
| | the Fund may be repaid or paid to that person. |
|
385 | | (2) | Provision as to the circumstances and manner in which any such amounts are |
|
| | to be paid out of the Consolidated Fund in respect of transfer values paid into |
|
| | |
| | (3) | Provision under sub-paragraph (1) or (2) may include provision as to whether |
|
| | any repayment or payment made under that provision is to be made with or |
|
390 | | |
| | |
| | 25 | Provision rendering void— |
|
| | (a) | any assignment (or, in Scotland, assignation) of a pension which is |
|
| | payable or may become payable out of the Fund; |
|
395 | | (b) | any charge on such a pension; |
|
| | (c) | any agreement to assign or charge such a pension. |
|
| | |
| | 26 | Provision conferring functions under the scheme on persons specified in or |
|
| | determined under the scheme. |
|
400 | | |
| | 27 | Provision making the approval, satisfaction or opinion of persons on whom |
|
| | functions are conferred by or under the scheme material for the purposes of any |
|
| | |
| | |
405 | | 28 | Provision authorising (in relation to such cases, circumstances or persons as |
|
| | may be specified in or determined under the scheme) any sum due to be paid |
|
| | out of the Fund in respect of a person who has died to be paid without probate |
|
| | |
| | Application of other provisions |
|
410 | | 29 | Provision which (with or without modifications) applies in relation to a |
|
| | pension payable out of the Fund so much of any enactment or subordinate |
|
|
|
| |
| |
|
| | legislation (whenever passed or made) as relates to another pension, being a |
|
| | pension payable out of money provided by Parliament. |
|
| | |
415 | | Amendments, transitional provision etc |
|
| | Pensions (Increase) Act 1971 (c. 56) |
|
| | 30 (1) | Part 1 of Schedule 2 is amended as follows. |
|
| | (2) | For paragraph 3A substitute— |
|
| | “3A | A pension which, under a scheme under paragraph 7 or 11 of |
|
420 | | Schedule [Parliamentary and other pensions] to the Constitutional |
|
| | Reform and Governance Act 2010, is payable out of the |
|
| | Parliamentary Contributory Pension Fund.” |
|
| | (3) | In paragraph 3B for “an order” substitute “a scheme”. |
|
| | Parliamentary and other Pensions Act 1972 (c. 48) |
|
425 | | 31 (1) | Section 27 (pensions for dependants of Prime Minister or Speaker) is amended |
|
| | |
| | |
| | (a) | in paragraph (a) for the words from “in respect” to the end substitute |
|
| | “under a scheme made by the Minister for the Civil Service under |
|
430 | | paragraph 11 of Schedule [Parliamentary and other pensions] to the |
|
| | Constitutional Reform and Governance Act 2010 to receive a pension |
|
| | payable out of the Parliamentary Contributory Pension Fund in respect |
|
| | of service to which that paragraph applies”, and |
|
| | (b) | in paragraph (c) for “Treasury” substitute “Minister for the Civil |
|
435 | | |
| | |
| | (a) | for “the Parliamentary pension scheme” substitute “a scheme made by |
|
| | the Minister for the Civil Service under paragraph 11 of Schedule |
|
| | [Parliamentary and other pensions] to the Constitutional Reform and |
|
440 | | |
| | (b) | in paragraph (a) for “as a Member of the House of Commons” |
|
| | substitute “to which that paragraph applies”, and |
|
| | (c) | in paragraph (b), for “Leader of the House of Commons” substitute |
|
| | “Minister for the Civil Service”. |
|
445 | | (4) | In subsection (5), omit from ““the Leader” to the end. |
|
| | 32 (1) | The amendments made by paragraph 31 do not apply in relation to a person |
|
| | who, having held office as Prime Minister and First Lord of the Treasury or |
|
| | Speaker of the House of Commons, died before that paragraph comes into |
|
| | |
450 | | (2) | In relation to such a person section 27 of the Parliamentary and other Pensions |
|
| | Act 1972, and the provisions designated under that section, have effect as if |
|
| | this Act had not been passed. |
|
| | European Parliament (Pay and Pensions) Act 1979 (c. 50) |
|
| | 33 (1) | Section 4 (pensions) is amended as follows. |
|
455 | | |
| | (a) | for “Leader of the House of Commons may by order make” substitute |
|
| | “IPSA may make a scheme containing”, and |
|
|
|
| |
| |
|
| | (b) | for “by the order” substitute “in the scheme”. |
|
| | |
460 | | (a) | for “orders” substitute “a scheme”, and |
|
| | (b) | for “order” substitute “scheme”. |
|
| | |
| | (a) | for “an order” substitute “a scheme”, and |
|
| | (b) | in paragraphs (d) and (g) for “order” substitute “scheme”. |
|
465 | | (5) | In subsection (3A), for “An order” substitute “A scheme”. |
|
| | (6) | For subsection (4) substitute— |
|
| | “(4) | Before making a scheme under this section the IPSA must consult— |
|
| | |
| | (b) | the Minister for the Civil Service, |
|
470 | | (c) | persons it considers to represent those likely to be affected by |
|
| | |
| | (d) | the Government Actuary, and |
|
| | (e) | any other person it considers appropriate. |
|
| | (4A) | The IPSA must send to the Speaker of the House of Commons for |
|
475 | | laying before both Houses of Parliament— |
|
| | (a) | any scheme made by it under this section, and |
|
| | (b) | a statement of the reasons for making the scheme. |
|
| | (4B) | When the scheme and the statement of reasons have been laid, the |
|
| | IPSA must publish them in a way it considers appropriate.” |
|
480 | | (7) | For subsection (5) substitute— |
|
| | “(5) | The IPSA must from time to time prepare a report on the operation of |
|
| | any provisions in force under this section, and send it to the Speaker |
|
| | of the House of Commons for laying before both Houses of |
|
| | |
485 | | (8) | After subsection (7) insert— |
|
| | “(8) | A scheme made by the IPSA under this section may amend or revoke |
|
| | any previous scheme made by the IPSA under this section.” |
|
| | 34 (1) | Section 6 (block transfer into another pension scheme) is amended as follows. |
|
| | |
490 | | (a) | for “Leader of the House of Commons may by order” substitute “IPSA |
|
| | may, with the consent of the Treasury and the Minister for the Civil |
|
| | |
| | (b) | for “the order” substitute “the direction”. |
|
| | |
495 | | (a) | for “making an order” substitute “giving a direction”, |
|
| | (b) | for “Leader of the House of Commons” substitute “IPSA”, |
|
| | (c) | for “he” (in both places) substitute “it”, |
|
| | (d) | for “make such an order” substitute “give such a direction”, and |
|
| | (e) | for “the order” substitute “the direction”. |
|
500 | | (4) | In subsection (4), in the definition of “the relevant pension provisions”— |
|
| | (a) | for “an order” substitute “a direction”, |
|
| | (b) | for “orders” substitute “a scheme”, and |
|
| | (c) | for “order is made” substitute “direction is given”. |
|
|
|
| |
| |
|
| | 35 (1) | Section 7 (expenses and receipts) is amended as follows. |
|
505 | | (2) | In subsection (1)(c) (expenses and receipts)— |
|
| | (a) | for “any order” substitute “a scheme”, and |
|
| | (b) | omit the words from “or of any” to the end. |
|
| | (3) | In subsection (1)(d) for “an order” substitute “a direction”. |
|
| | 36 (1) | Section 8 is amended as follows. |
|
510 | | (2) | In subsection (1) (interpretation)— |
|
| | (a) | after the definition of “electoral region” insert— |
|
| | ““the IPSA” means the Independent Parliamentary Standards |
|
| | |
| | (b) | omit the definition of “the Leader of the House of Commons”. |
|
515 | | |
| | House of Commons Members’ Fund and Parliamentary Pensions Act 1981 (c. 7) |
|
| | 37 | In section 1 (entitlement to payments out of House of Commons Members’ |
|
| | |
| | (a) | in subsection (5)(b) for “paragraph (b), (c) or (d) of section 2(2) of the |
|
520 | | Parliamentary and other Pensions Act 1987” substitute “subsection |
|
| | |
| | (b) | after subsection (5) insert— |
|
| | |
| | (a) | the offices mentioned in paragraph 11(2)(a), (b), (d) |
|
525 | | or (e) of Schedule [Parliamentary and other |
|
| | pensions] to the Constitutional Reform and |
|
| | |
| | (b) | the offices of Chairman of Ways and Means and |
|
| | Deputy Chairman of Ways and Means.” |
|
530 | | Parliamentary and other Pensions Act 1987 (c. 45) |
|
| | |
| | |
| | (b) | section 2(1) to (8) and (10), |
|
| | |
535 | | |
| | 39 (1) | This paragraph applies if an order under section 61 or 62 of this Act provides |
|
| | that (despite the repeals in paragraph 38) any of the existing regulations are to |
|
| | have effect as if contained in a scheme under paragraph 3, 7 or 11. |
|
| | (2) | The order may provide for any provision of the existing regulations which— |
|
540 | | (a) | relates to one or more of the matters listed in paragraph 3(1), but |
|
| | (b) | could not be contained in a scheme under paragraph 3, |
|
| | | to have effect as if contained in a scheme under that paragraph. |
|
| | (3) | If it does so a scheme under paragraph 3 may— |
|
| | (a) | revoke the provision; |
|
545 | | (b) | amend it so that it makes provision which may be contained in a |
|
| | scheme under that paragraph (but not otherwise amend it). |
|
| | (4) | The order may provide for any provision of the existing regulations which— |
|
| | (a) | relates to service as a member of the House of Commons, but |
|
| | (b) | could not be contained in a scheme under paragraph 7, |
|
|
|
| |
| |
|
550 | | | to have effect as if contained in a scheme under that paragraph. |
|
| | (5) | If it does so a scheme under paragraph 7 may— |
|
| | (a) | revoke the provision; |
|
| | (b) | amend it so that it makes provision which may be contained in a |
|
| | scheme under that paragraph (but not otherwise amend it). |
|
555 | | (6) | The order may provide for any provision of the existing regulations which— |
|
| | (a) | relates to service to which paragraph 11 applies, but |
|
| | (b) | could not be contained in a scheme under that paragraph, |
|
| | | to have effect as if contained in a scheme under that paragraph. |
|
| | (7) | If it does so a scheme under paragraph 11 may— |
|
560 | | (a) | revoke the provision; |
|
| | (b) | amend it so that it makes provision which may be contained in a |
|
| | scheme under that paragraph (but not otherwise amend it). |
|
| | (8) | “The existing regulations” means regulations under section 2 of the |
|
| | Parliamentary and other Pensions Act 1987. |
|
565 | | Ministerial and other Pensions and Salaries Act 1991 (c. 5) |
|
| | |
| | Pensions Act 2004 (c. 35) |
|
| | 41 | In section 249A(3)(c) (schemes to which section 249A does not apply) for |
|
| | “section 2 of the Parliamentary and other Pensions Act 1987 (c. 45)” substitute |
|
570 | | “paragraph 3, 7 or 11 of Schedule [Parliamentary and other pensions] to the |
|
| | Constitutional Reform and Governance Act 2010”. |
|
| | Parliamentary Standards Act 2009 (c. 13) |
|
| | 42 (1) | In section 5(9) (MPs’ allowances scheme does not affect pensions) for “the |
|
| | Parliamentary and other Pensions Act 1987 (c. 45)” substitute “Schedule |
|
575 | | [Parliamentary and other pensions] to the Constitutional Reform and |
|
| | |
| | (2) | In paragraph 18 of Schedule 1 (IPSA’s administration and regulation |
|
| | functions), after sub-paragraph (2) insert— |
|
| | “(3) | The IPSA’s functions under the following provisions are also |
|
580 | | |
| | (a) | sections 3, 4 and 6 of the European Parliament (Pay and |
|
| | Pensions) Act 1979 (but not any function relating to the |
|
| | administration of a scheme under section 3 or 4); |
|
| | (b) | paragraphs 1, 3, 4, 6, 7 and 10 of Schedule [Parliamentary |
|
585 | | and other pensions] to the Constitutional Reform and |
|
| | Governance Act 2010 (but not any function relating to the |
|
| | administration of a scheme under paragraph 3 or 7).”.’. |
|
|